Shah Rukh Khan’s son Aryan Khan to get bail tomorrow ?

On Sunday, when superstar Shah Rukh Khan's son Aryan Khan appeared in court in Mumbai, the Narcotics Control Bureau's FIR cited Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which contains broad provisions for producing, manufacturing, possessing, selling, purchasing, transporting, using, consuming, importing, and exporting any narcotic drug or psychotropic substance. 

This section is read in conjunction with three others: section 20 (b) on cannabis use, section 27 on the consumption of any narcotic drug or psychotropic substance, and section 35 on the presumption of culpable mental state.

Aryan, who is 23 years old, was initially detained by NCB for one day before his detention was extended to October 7 on Monday, October 4. The period will end tomorrow. Senior counsel Satish Maneshinde, who is representing Aryan (23) in the case, is expected to file another bail application.

A few senior counsels in the city spoke to Etimes,  to assess the implications of the FIR's sections and whether Aryan is likely to be granted bail. According to senior counsel Hitesh Jain,

There was an argument advanced in Rhea Chakraborty’s ’s case almost a year ago. It was argued that the offence becomes bailable if the quantity involved is small. The Bombay High Court, in its order, had stated that while it was not a bailable offence, the court was inclined to grant bail in view of the provisions that there is reasonable ground to believe that the accused is not guilty of the offence, and there is no likelihood of her committing another offence under the said act. Relying on chats is a presumption but not enough to draw a conclusion that the person is guilty. It appears that no contraband was found in person. On the twin consideration case for grant of bail can be made out .

- Advocate Hitesh Jain

Dipesh Mehta, a senior counsel who has represented celebrities in high-profile cases says,

Looking at the sections in the NCB’s FIR, I would say that Aryan is being charged for a bailable offence. The maximum punishment is 1 year and a fine of Rs. 20,000 with the alleged quantity of drugs found. However, other actions and involvement related to drugs are still being investigated, so it might be too early to say anything further.

- Advocate Dipesh Mehta

Advocate Ashok Saraogi, a popular celebrity criminal lawyer known for appearing in top criminal and civil cases in India says,

If the WhatsApp chat that the NCB is talking about is as incriminating as they claim it to be, then Aryan Khan may not get bail. In fact, if his involvement in sale, purchase, and consumption are all proven beyond a reasonable doubt, then he may have to go to jail, too.

- Advocate Ashok Saraogi